Cannabis Brand Protection

For so long as cannabis remains illegal at the federal level, cannabis businesses operating in full compliance with state law will not enjoy the full scope of protections as brands that are operating in legalized industries. Federal registration of trademarks is unavailable to a cannabis business, but that doesn't mean that it cannot develop goodwill in its brand name and enforce common law trademark rights. A well thought-out, carefully executed brand development and protection plan can be a meaningful substitute for federalregistration.

Below is an exploration of strategies that cannabis businesses can use to establish a brand identity that can be effectively protected today, and that might be used to build a cannabis brand that is protected at the federal level if and when cannabis is legalized.